Chapter 1501:13-6 Small Operator Assistance Program

(1)
The small operator assistance program
(S.O.A.P.) governs the procedures for providing financial assistance to
qualified small mine operators who request assistance under division (B)(3) of
section
1513.07
of the Revised Code for:

(a)
The
determination of the probable hydrologic consequences of mining and reclamation
under division (B)(1)(k) of section
1513.07
of the Revised Code including the engineering analyses and designs necessary
for the determination;

(b)
The
geologic drilling and statement of the results of physical and chemical
analyses of test borings or core samples required under division (B)(1)(o) of
section
1513.07
of the Revised Code;

(c)
The
development of cross-section maps and plans required under division
(B)(1)(n)(i) of section
1513.07
of the Revised Code;

(d)
The
collection of archaeological information required under division (B)(1)(m) of
section
1513.07
of the Revised Code and any other archaeological and historical information
required by the chief, and the preparation of plans necessitated
thereby;

(e)
Pre-blast surveys
required under division (E) of section
1513.161 of
the Revised Code; and

(f)
The
collection of site-specific resource information and production of protection
and enhancement plans for fish and wildlife habitats and other environmental
values required by the chief under Chapter 1513. of the Revised
Code.

(2)
The objective
of this rule is to meet the intent of division (B)(3) of section
1513.07
of the Revised Code by providing financial assistance to qualified small
operators.

(3)
The chief shall
provide financial assistance under division (B)(3) of section
1513.07
of the Revised Code to the extent funds are appropriated by congress
specifically for this program.

(6)
The chief shall ensure that applicable
equal opportunity in employment provisions are included within any contract or
other procurement documents.

(B)
Program services. To the extent possible
with available funds, the chief shall, for eligible small operators who request
financial assistance, select and pay a qualified laboratory or reimburse an
eligible operator to hire a qualified laboratory selected by the division of
mineral resources management to provide those services requested and eligible
under paragraph (A) of this rule.

(a)
Intends to apply for a
permit pursuant to Chapter 1513. of the Revised Code; and

(b)
Establishes that his or her probable
total actual and attributed annual production from all locations during any
consecutive twelve-month period either during the term of his or her permit or
during the first five years after issuance of his or her permit, whichever
period is shorter, will not exceed three hundred thousand tons.

(2)
In determining an applicant's
eligibility his or her production figures will be verified by referencing
production figures on file at the Ohio department of taxation and the Ohio
department of natural resources. Production from the following operations shall
be attributed to the permittee:

(a)
The pro
rata share, based upon percentage of ownership of applicant, of coal produced
by operations in which the applicant owns ten per cent or more
interest;

(b)
The pro rata share,
based upon percentage of ownership of applicant, of coal produced in other
operations by persons who own ten per cent or more of the applicant's
operation;

(c)
All coal produced by
operations owned by persons who directly or indirectly control the applicant by
reason of direction of the management; and

(d)
All coal produced by operations owned by
members of the applicant's family and the applicant's relatives, unless it is
established that there is no direct or indirect business relationship between
or among them.

(3)
An
applicant is not eligible if he or she organizes or reorganizes his or her
company solely for the purpose of obtaining assistance under this
rule.

(D)
Filing for
assistance. Each applicant shall submit the following information to the chief:

(5)
A
schedule of the estimated total production of coal from the proposed permit
area and all other locations from which production is attributed to the
applicant under paragraph (C) of this rule. The schedule shall include for each
location:

(a)
The name under which coal is or
will be mined and severance tax account number of any other company from which
production is attributed to the applicant;

(b)
The permit number and mine safety and
health administration identification number;

(c)
The actual coal production for the year
preceding the application for assistance and that portion of the production
attributed to the applicant; and

(d)
The estimated coal production for each
year of the proposed permit and that portion attributed to the
applicant;

(a)
The applicant
has a legal right to enter and commence mining within the permit area;
and

(b)
A legal right of entry has
been obtained for the office of surface mining, the chief and his or her
authorized representatives, and laboratory personnel to inspect the lands which
may be affected to collect environmental data or install necessary instruments;
and

(11)
A general
statement on the probable depth and thickness of the coal resource including a
statement of reserves in the permit area and the method by which they were
calculated.

(1)
If the
chief finds the applicant eligible, and he or she does not have information
readily available which would preclude issuance of a permit to the applicant
for mining in the area proposed, he or she shall provide for the acquisition of
the necessary information by qualified laboratories to fulfill the data
requirements of paragraph (F) of this rule.

(2)
If the chief finds the applicant
eligible, the chief shall inform the applicant in writing that the application
is approved. If the chief finds the applicant ineligible, the chief shall
inform the applicant in writing that the application is denied and shall state
the reasons for denial.

(3)
The
granting of assistance under this part shall not be a factor in decisions by
the chief on a subsequent permit application.

(1)
The chief shall determine the data
collection requirements for each applicant or group of applicants. Data
collection and analysis may proceed concurrently with the development of mining
and reclamation plans by the applicant. The data requirements will be based on:

(a)
The extent of currently available
hydrologic and overburden analysis data for the applicable area provided by the
division of mineral resources management; and

(b)
The data collection and analysis
guidelines developed and provided by the chief.

(2)
The data, results, analyses, and
statements provided to the chief shall be sufficient to satisfy the
requirements for:

(a)
The determination of the
probable hydrologic consequences of the mining and reclamation operations on
the proposed permit area and adjacent areas, including the engineering analyses
and designs necessary for the determination, shall be made by a qualified
laboratory. The data for this determination shall include that information
required by division (B)(1)(k) of section
1513.07
of the Revised Code and paragraph (E)(2) of rule
1501:13-4-05
or paragraph (E)(2) of rule
1501:13-4-14
of the Administrative Code;

(b)
The
drilling and statement, by a qualified laboratory, of the result of test
borings or core samplings from the proposed permit area, including that
information required by division (B)(1)(o) of section
1513.07
of the Revised Code and paragraphs (C)(2) and (C)(3) of rule
1501:13-4-04
or paragraph (C)(2) of rule
1501:13-4-13
of the Administrative Code, unless this requirement is waived as provided by
division (B)(1)(o) of section
1513.07
of the Revised Code;

(c)
The
development of cross-section maps and plans required by division (B)(1)(n)(i)
of section
1513.07
of the Revised Code and paragraph (B) of rule 1501:13-4-08 or paragraph (B) of rule
1501:13-4- 08.1 of the Administrative Code;

(d)
The collection of archeological
information required under division (B)(1)(m) of section
1513.07
of the Revised Code and paragraph (A) of rule
1501:13-4-04
or paragraph (A) of rule
1501:13-4-13
of the Administrative Code, any other archaeological and historical information
required by the chief, and the preparation of plans necessitated thereby;

(e)
Pre-blast surveys required
under division (E) of section
1513.161 of
the Revised Code and paragraph (C) of rule
1501:13-9-06 of
the Administrative Code; and

(f)
The collection of site-specific resource information and production of
protection and enhancement plans for fish and wildlife habitats and other
environmental values required by the chief under Chapter 1513. of the Revised
Code and paragraph (P) of rule
1501:13-4-05
or paragraph (R) of rule
1501:13-4-14
of the Administrative Code.

(3)
Data availability. Data collected under
this program shall be made available to all interested persons, except
information related to the chemical and physical properties of coal.
Information regarding the mineral or elemental content of the coal which is
potentially toxic in the environment shall be made available. The program
administrator shall develop procedures for interstate coordination and exchange
of data.

(a)
As used in this rule, "qualified
laboratory" means a designated public agency, private consulting firm,
institution, or analytical laboratory which can provide services for the
required determination or statement under the S.O.A.P. program.

(b)
The chief shall establish a list of
qualified laboratories which may be used under the procedures of this
rule.

(c)
Persons who desire to be
included in the list of qualified laboratories shall apply to the division of
mineral resources management and provide such information as is necessary to
establish the qualifications required by paragraph (G)(2) of this
rule.

(v)
Is capable of making hydrologic field
measurements and analytical laboratory determinations by acceptable hydrologic,
geologic or analytical methods in accordance with the requirements of these
rules. Methods or guidelines for data acquisition recommended by the chief may
also be used; and

(vi)
Is capable
of collecting necessary field data and samples in accordance with the
requirements of division 1501:13 of the Administrative Code.

(b)
The qualified laboratory shall
be capable of performing services for either the determination(s) or
statement(s) under paragraph (F)(2) of this rule.

(3)
Subcontractors. Subcontractors may be
used to provide some of the required services under this rule, provided their
use is identified at the time a determination is made that a firm is qualified
and they meet the requirements specified by the chief.

(1)
Use of funds. Funds specifically
authorized to cover payments for services rendered by qualified laboratories
under this program shall not be used to cover state administrative costs. In
addition to the basic services authorized under paragraph (A)(1) of this rule
the following costs are allowed under payments to qualified laboratories or
eligible small operators provided that on a case-by-case basis the information
is determined necessary to complete the determination and statement required
under divisions (B)(1)(k) and (B)(1)(o) of section
1513.07
of the Revised Code:

(a)
Observation well
drilling and development for ground water monitoring;

(2)
Allocation
of funds. The chief shall, to the extent practicable, establish procedures for
allocating funds to provide services for eligible small operators if available
funds are less than those required to provide the services pursuant to this
rule.

(d)
Produces,
from actual and attributed production, more than three hundred thousand tons
for all locations during any consecutive twelve-month period of mining either
during the term of the permit for which the assistance is provided or during
the first five years after issuance of the permit, whichever is shorter;
or

(e)
Sells, transfers, or assigns
the permit to another person and the transferee's total actual and attributed
production exceeds the three-hundred-thousand-ton annual production limit
during any consecutive twelve-month period of the remaining term of the permit.
Under this paragraph, the applicant and its successor are jointly and severally
obligated to reimburse the division of mineral resources management.

(2)
The chief may waive the
reimbursement obligation if he or she finds that the applicant at all times
acted in good faith.

(J)
For dates of federal rules and federal laws referenced in this rule, see rule
1501:13-1-14
of the Administrative Code.